Supreme Court Quashes Preventive Detention Order Under National Security Act

The Supreme Court of India recently ruled in the case of Devesh Chourasia vs. The District Magistrate, Jabalpur & Ors., overturning a preventive detention order issued under the National Security Act, 1980 (NSA). The judgment highlights the necessity of adhering to procedural safeguards in preventive detention cases and reinforces the fundamental rights of the detainee under Article 22 of the Constitution of India.

Background of the Case

The case stems from a preventive detention order issued against the appellant, Devesh Chourasia, on May 11, 2021, by the District Magistrate, Jabalpur, Madhya Pradesh, under Section 3 of the NSA. The detention was based on allegations of his involvement in an illicit trade of fake Remdesivir injections during the COVID-19 pandemic. The detention period was extended on July 8, 2021, for an additional three months.

Chourasia, who was an employee in the pharmaceutical wing of City Hospital, Jabalpur, allegedly procured and distributed fake Remdesivir injections, which were administered to patients at the hospital.

The appellant challenged the detention order in the Madhya Pradesh High Court, which dismissed his petition on August 24, 2021. Following this, he approached the Supreme Court, arguing that his constitutional and procedural rights were violated.

Arguments by the Petitioner (Devesh Chourasia)

The appellant argued that the preventive detention order was arbitrary and lacked substantive evidence.
He contended that his representation against the detention was not considered expeditiously, violating Section 8(1) of the NSA.
The delay in the Central and State Government’s decision on his representation deprived him of the right to a timely review of his detention.
He claimed that he had been falsely implicated due to his association with the hospital where the fake Remdesivir injections were administered.

Arguments by the Respondents (State of Madhya Pradesh and Union of India)

The respondents maintained that the detention was necessary to prevent Chourasia from engaging in activities prejudicial to public order.
They argued that the appellant had played a key role in procuring and distributing counterfeit drugs, endangering public health during the pandemic.
The state contended that the delay in considering the appellant’s representation was due to procedural requirements and administrative workload.

Observations of the Supreme Court

The Supreme Court bench, comprising Justices D.Y. Chandrachud and Dinesh Maheshwari, ruled that the appellant’s detention order suffered from procedural infirmities and violated his rights under Article 22 of the Constitution.

The Court held:

“By delaying its decision on the representation, the State Government deprived the detenu of the valuable right which emanates from the provisions of Section 8(1) of the NSA.”

The Court further stated:

“The failure of the Central and the State Government to communicate the rejection of the appellant’s representation in a time-bound manner is sufficient to vitiate the order of detention.”

The judgment also noted that the case was substantially similar to Sarabjit Singh Mokha vs. State of Madhya Pradesh, where the Supreme Court had previously set aside a similar detention order.

Final Judgment

The Supreme Court set aside the detention order dated May 11, 2021.
The Court also quashed the extensions granted on July 8, 2021, and September 30, 2021.
The appeal was allowed, and the detention order was declared unconstitutional and void.

Implications of the Judgment

The ruling reinforces the principle that procedural safeguards must be strictly followed in preventive detention cases.
It highlights the importance of expeditious disposal of representations filed by detainees under the NSA.
The judgment sets a precedent for future cases, ensuring that preventive detention orders are not misused to curtail personal liberty without due process.
The decision provides relief to detainees who have been unjustly held under the NSA without proper justification.

Petitioner Name: Devesh Chourasia.
Respondent Name: The District Magistrate, Jabalpur & Ors..
Judgment By: Justice D.Y. Chandrachud, Justice Dinesh Maheshwari.
Place Of Incident: Jabalpur, Madhya Pradesh.
Judgment Date: 24-01-2022.

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